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Yes. There is no custody over the child. From birth until someone files custody it is joint. If he picks the child up and doesn't return you cannot call the police because there is no paperwork saying he can't. So. Yes he can.

Added: However, if the mother is unmarried during the 300 days prior to and after the birth of the child, paternity must be established in order for the father to have rights. It is not uncommon for paternity to be established legally later in the child's life. It would, however, be uncommon for a father who has never had interaction with the child to get full custody of the child unless the mother is unfit. He will, however, likely get standard visitation unless there is some reason for him not to. It is presumed in the best interest of a child to have a relationship with both biological parents.

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Q: Can a father who hasn't been around and never seen the baby try to get custody after being absent almost a year and doesn't attempt to interact with the child or any type of support?
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